Article 1 - Foreword
Welcome to staker.app!
Please note that the descriptive headings to Articles in these Terms and Conditions are inserted for convenience only, have no legal effect and shall be ignored in the interpretation of these Terms and Conditions.
Article 2 - Definitions
This section allows you to know what we are talking about in this contract. In case of doubt, do not hesitate to consult this section: it will avoid confusion and misunderstandings.
Refers to digital assets designed to work as a medium of exchange on blockchain and that can be acquired through the Services.
Refers to any currency being legal tender (euro, dollar, etc.).
Refers to the purchase of a Cryptocurrency through the Service.
Refers to the website www.staker.app including any subdomains thereof, and any other platform where Staker’ services are available, including the Mobile application distributed via Apple App Store and Google Play Store.
Refers to every service accessible on www.staker.app with a User account.
Terms and Conditions (T&Cs)
These Terms and Conditions constitute a legally binding agreement (hereinafter, the "T&Cs") between a User and Staker (as defined above) governing his/her access to and use of the Platform and all associated services (hereinafter, the "Services").
Refers to the services not operated by Staker, but used to provide content or additional features to the Users such as payment service, application, marketing material, etc.
Refers to any natural person or legal person using the Services with a full legal capacity and who is not acting for purposes relating to his trade, business, craft or profession.
Article 3 - Scope
Staker allows you to send, stake or swap ERC-20 tokens in an easy, safe and effective way. These services will evolve but Staker will always keep you informed.
If Staker allows you to accumulate cryptos, read these T&Cs and accept them entirely. Do not continue to use staker.app if you do not agree to take all the terms and conditions stated on this page.
You acknowledge that you are adequately knowledgeable about what Cryptocurrency is. If not, please take the time to read through all the content available at help.staker.app.
The Platform is an online application that offers Users Services that helps them interact with staking protocols on the Ethereum blockchain.
Registered Users (sign-in mode) have access to the following Services:
- Smart wallet. The Platform enables the creation of an on-device smart wallet, fully secured (encrypted) and protected by a 24-word passphrase kept exclusively by the User. The smart wallet originally pre-provisioned and owned by Staker is transferred to the on-device smart wallet as soon as created by the User.
- Personal wallet. Users can choose to connect their wallet to the Service to use the Service;
- Staking. The Platform offers access to staking protocols enabling Users to lock or hold their funds in a cryptocurrency wallet to participate in maintaining the operations of a proof-of-stake-based blockchain system. The right to validate transactions depends on the amount "locked" in the wallet.
- Swaps. The Platform enables Users to easily exchange one cryptocurrency for another without leaving their wallet.
- Referral program. This allows Users to promote the Platform to third parties and earn cryptocurrencies in exchange.
Non-registered Users (sign-out mode) have access to a read-only version of the Services. Statistical data are freely accessible: any User can enter his/her Ethereum public address to check on the number of stakes it represents, particularly concerning stakes availability and due dates.
These T&Cs apply, without restriction or reservation, to any use of the Services to consumers and non-professional Users on its Platform.
At the time the User chooses to use the Service, he/she fully and unconditionally accepts these T&Cs.
User acknowledges that he/she has, in his/her country, the capacity to contract and to subscribe to the Services and declares that he/she has read and accepted the T&Cs by ticking the box provided for this purpose when creating an account. An account creation by a User constitutes acceptance without restriction or reservation of these T&Cs.
Unless proven otherwise, the data recorded in the service provider's computer system constitutes proof of all transactions concluded by a User on the Platform.
These T&Cs are accessible at any time on the Platform and will prevail over any other version or any other contradictory document.
As these T&Cs may be subject to subsequent modifications, the version applicable to the User's purchase is the one in force on the Platform on the date of placing the order.
Given the volatility of cryptocurrencies, a speculative asset, by using the Service, Users acknowledge to be aware of the following information:
- Cryptocurrencies are based on a computer protocol for encrypted and decentralized transactions, commonly referred to as the "Blockchain".
- Cryptocurrencies are an emerging technology that is at risk of failure, bug or malfunction;
- Cryptocurrencies operate on a network without intermediaries and do not benefit from legal tender, unlike Currencies issued by central banks. ERC-20 tokens are digital assets whose respective value is not inherently guaranteed and depends on unregulated markets (in which fraudulent acts may occur under traditional financial regulation);
- The legal framework of cryptocurrencies varies according to the jurisdiction in which Users are located.Cryptocurrencies may be banned or subject to a regulatory framework that could significantly lower their value;
- Users are exposed to high risks of loss in the event of a drop of cryptocurrencies' value since the authorities or the Company will not be able to compensate him/her or guarantee a minimum amount.
Company does not ensure that the information on the Platform is correct, nor warrants its completeness or accuracy; nor promises to ensure that the Platform remains available or that the material on the Platform is kept up to date.
Therefore, User warrants that he/she exercised the utmost vigilance before considering investing part of his/her savings through the Services.
Article 4 - Account
To use Staker, you must – quite logically – create an account and secure it! You can connect to the Platform through your Google or Apple account.
Of course, you can always leave us, but don't forget to save your account data (email address, smart address, etc.)!
Any User can create an account on the Platform by:
- providing his/her e-mail address;
- accepting these Terms & Conditions.
User can sign in with his Google or Apple account details. These providers handle a one-click authentication on the Company's behalf.
The Company shall not be held liable for the loss or theft of a password or a cryptocurrency public address by the User, or by the resulting account impersonation or loss.
It is the User's responsibility to take all measures to secure access to this data.
The User may, at any time, request the deletion of his/her account under the conditions set out by the Platform.
The deletion of an account irreversibly leads to the deletion of all its data, including the User's information.
The Company shall not be held liable, in any circumstances, for any loss arising from the User’s account deletion.
Article 5 - Wallets
Users can either connect their personal cryptocurrency wallet to the Platform or create a smart wallet, giving them access to all the Platform features.
The use of a smart wallet increases general security compared to simple hot wallets. Transactions will have fewer chances to fail as the Company cannot control issues related to external wallets.
Moreover, using a smart wallet will enable Users to use external interfaces to engage their wallet.
Article 6 - Stakes
Just take a break and stake. Staker let you to lock your funds and receive rewards in exchange!
Users have the possibility to stake, i.e. to lock their cryptocurrencies to receive rewards.
Users will determine the amount and duration of the staking. He/she may cancel a stake or end its staking activity at any time. A stake cancellation will be effective within 24 hours of the request.
Advice and warnings regarding the best interaction with the supported protocols can be found on the Platform FAQ. This advice and warnings cover particularly time commitments, estimated payouts and early-termination penalties.
Article 7 - Swaps
Exchange, barter… swap instantly your ERC-20 tokens.
Users can exchange their cryptocurrencies against other cryptocurrencies on the Platform.
However, Users acknowledge and agree that they can only exchange a limited set of ERC-20 tokens, disclosed on the Platform.
Exchange rates, slippage and fees are disclosed on the Platform.
Users are aware that quotes and exchange are provided by the following third-party: 1inch.io
Article 8 - Referral Program
Let's shine together: promote Staker and you'll earn more crypto!
The Company offers Users to promote the Platform to third-parties, simply sharing the mobile application. Participation in the referral program is subject to the following conditions:
- the referrer needs to have a Staker account and generated a referral link from the app;
- the referee needs to click on the referral link from a mobile device and install the mobile application;
- the referee needs to create a Staker account and transact from the app.
Referrers will receive 20 % of the revenue they contributed to generate, permanently, as long as the program exists.
Referrers may receive up to an additional 30% of revenue share depending on how many of their referees transact with the Platform.
The referral rewards can be claimed once a minimum threshold has been reached.
Article 9 - Fees
Staker provides a lot of information/management options.
To support the Services operations, Staker will be taking a small fee (Staker fee) in ETH/USDC or HEX when swapping or staking.
The Service's charge is automatically collected at the time and on the amount of the Operation. The commission rate is previously displayed on the Platform and also figures on the invoice available in the User's personal account.
The fees for transfers are capped following an amount indicated on the Service.
The fees can be paid using one of the following cryptocurrencies: HEX, ETH and USDC. Conversions are calculated in real time and based on on-chain data.
These fees could be subject to changes at Company's discretion. The applicable fee will be the fee displayed on the Platform at the date of the Operation.
The User agrees to ensure the safety of his means of payment in Currency. Company shall not be held liable for any damage resulting from fraudulent use of such means of payment.
Smart wallet fees. Users can decide to purchase their smart wallet directly on the Platform based on the in-app payment conversion made by Apple or Google Pay.
Article 10 - Liability of the Users
Staker has obligations, but so do you...
The User guarantees the Company against any event preventing the use of its private key, giving access to his/her wallet.
The User guarantees the Company against any error in the amount sent to the Services.
The User guarantees the Company against any breach, exceeding the foreseeable risk, that could result from his/her use of the Service.
The User undertakes to use the Services only in accordance with the T&Cs. It’s not authorized to reconstruct the Service, decompile, disassemble or circumvent the technical restrictions it contains, except to the extent that such operations would be permitted by applicable laws. It is also prohibited to lend, rent, lease, resell, transfer or host the Services to or for third parties, unless expressly authorized by the Service.
The User guarantees the Company against fraudulent, unfair or bad faith use of the Service, especially if this interferes with the use of the Services by other Users.
The Company reserves the right to suspend or delete a User's account in violation of these T&C, without prior notice or compensation.
Article 11 - Liability of the Company
Staker works hard to provide you with a service that works day and night, summer and winter. But our team is human and is not immune to accidents or mistakes.
If we make a mistake in the execution of our mission, we will be transparent!
However, we will not be able to refund your loss of funds, unless the law provides otherwise... Staker interacts with numerous blockchain technologies which are new and could be subject to technical failures.
Company undertakes to implement all the necessary means to ensure the best delivery of the services provided. However, the Company can only be bound by an obligation of best endeavour.
In the event of failure of the Service, it shall be liable only for direct and reasonably foreseeable damage, unless otherwise provided by law or regulation. Indirect damages that may result from failure or use of the Services are expressly excluded.
In no event, the Company shall be held liable beyond the amounts charged to the User by the Platform during the last twelve months, unless otherwise provided by law or regulation.
In particular, the Company shall not be held liable for:
- Users generated content on the Platform. Users agree to protect and defend the Company against all claims rising regarding such content. No link should appear on the Platform that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights;
- an error of the User in the amount of money transferred to the Services, for any reason whatsoever;
- a refusal of a wire transfer or dysfunction resulting from User's Ethereum public address;
- any issue related to the User's personal wallet connected to the Service;
- unusual or illegal use of the Services, by a Use or third-party;
- direct or indirect damage resulting from the use of the Services offered;
- data losses of Users not being imputable to the Company;
- breakdowns or malfunctions of the services offered that are not the responsibility of the Company;
- a malfunction or cyberattack;
- any case of force majeure according to Article 1218 of the French civil code, including a failure of the Ethereum blockchain protocol.
Article 12 - Intellectual property
In case you are wondering, Staker is, and will remain, the owner of its brand, its design, its algorithms and its know-how. In other words, do not try to steal its elements at the risk of being pursued by his army of lawyers.
All intellectual property rights on the Platform, excluding the Users generated content, are the Company's property. They are provided free of charge within the exclusive framework of the use of the Service. Therefore, any use of these intellectual property rights without the prior permission of the Company is unlawful.
More specifically, Users must not:
- Republish material from the Platform;
- Sell, rent or sub-license material from the Platform;
- Reproduce, duplicate or copy material from the Platform, including Company's logo;
- Redistribute content from the Platform.
The Company is the service’s database producer. Any unauthorized extraction or reproduction is prohibited.
Article 13 - Users' comments
In case you are wondering, Staker is, and will remain, the owner of its brand, its design, its algorithms and its know-how. In other words, do not try to steal its elements at the risk of being pursued by his army of lawyers.
Links on the Platform offer an opportunity for users to post and exchange opinions, feedback and information on the Platform (hereinafter a “Comment”). The Company does not filter, edit, publish or review Comments prior to their presence on the Platform. Comments do not reflect the views and opinions of the Company, its agents and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, the Company shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on the Platform.
The Company reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these T&Cs.
Users warrant and represent that:
- They are entitled to post the Comments on the Platform and have all necessary licences and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of the Company or any third party;
- The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy;
- Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
Users hereby grant the Company a non-exclusive licence to use, reproduce, edit and authorize others to use, reproduce and edit any of their Comments in any forms, formats or media.
Article 14 - Personal data
Staker is fully committed to respecting your privacy and the confidentiality of your data, which is the least we can do for a "crypto" service.
More precisely, our service is compliant with the GDPR: if you wish to exercise your rights, send a detailed and reasoned email at help.staker.app.
Users are aware that information enabling them to identify them directly or indirectly (hereinafter "Personal Data") is processed by the Company about their use of the Platform, including using cookies.
Article 15 - Hyperlinks
If you click on a link that leaves the Platform, Staker is not responsible for what happens on the other side!
The Platform may contain hypertext links redirecting to third party websites or resources. Such Third-Party Services may be subject to different terms and conditions and privacy practices. The Company has no control over these sites and declines all responsibility for access, content or use of these Third-Party Services. Links to such Third-Party Services are not an endorsement by the Company of such Third-Party Services.
The Company may request a User to remove all links or any particular link to the Platform and the User approves to immediately do so.
The following organizations may link to the Platform without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to the Platform in the same manner as they hyperlink to the Platform of other listed businesses; and
- System wide Accredited Businesses.
These organizations may link to the Platform homepage, to publications or to other Platform information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com and dot.io community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavourably to ourselves or the Company's accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of the Company; and (d) the link is in the context of general resource information.
These organizations may link to the Platform homepage so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If the User is one of the organizations listed above and is interested in linking to the Platform, the User must inform us by sending an email to the Company, including its organization name, contact information as well as the URL of its site, a list of any URLs from which it intends to link to the Platform, and a list of the URLs on the Platform to which the User would like to link.
Approved organizations may hyperlink to the Platform as follows:
- By use of the Company's corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of the Platform being linked to that makes sense within the context and format of content on the linking party’s Platform.
No use of the Company's logo or other artwork will be allowed for linking absent a trademark licence agreement.
Article 16 - Amendment
Nothing is immutable (except blockchains): We will be able, in your interest or its own, to add, modify or delete its services but also the terms of the Service!
The Company reserves the right to modify or stop the accessibility of all or part of the Services and/or the Platform at any time.
The Company reserves the right to modify, at any time, all or part of the T&Cs. Users' use of the Services constitutes their acceptance of the T&C amendment. The applicable version of the T&Cs is the latest version published on the date of use of the services offered by the Service.
Article 17 - Non waiver
The fact that Staker does not invoke a clause in the spring does not mean that it will not invoke it in the summer. Similarly, if a clause is no longer valid – because of a change in legislation, for example – the rest of that T&C will continue to apply as if nothing had happened.
Failure by the Company at any time to require the other party to perform any of its obligations under these T&Cs will not affect the right of the Company to request their execution thereafter.
The nullity of any clause of these T&Cs does not affect the validity and the obligation to respect the other clauses.
Article 18 - Notifications
Hey there, tell us if we talk too much. Staker will keep you informed unless you would rather not.
Push notifications. The mobile application will send out push notifications to inform Users about:
- the status of their transactions;
- yield earned;
- due stakes;
Users will be able to opt-out of notifications.
Article 19 - Contact and Support
Let's keep in touch!
Staker's team is available for assistance with the mobile application at:
- Support email: firstname.lastname@example.org
- Help center: help.staker.app
- For legal enquiries specifically: email@example.com
The Company undertakes to respond as quickly as possible, depending on the number of requests in process.
Article 20 - Jurisdiction and Applicable Law
As the Dalai Lama says, "Don't let a small argument break a great friendship".
However, if a "small dispute" should occur between us, here are the rules: on T&Cs, you will base yourself; French laws, you will apply; an amicable resolution, you will try; in case of failure, a court of Paris you will refer to.
These T&Cs are governed by French laws solely.
Dispute and Mediation
In the event of a dispute arising between the Company and a User, the latter undertakes to inform the Customer service department at the Headquarters address taking care to specify his contact details and to provide any information allowing to appreciate the origin and the implications of the dispute.
Consumers can request an independent Ombudsman for free by sending a request to this effect to the Headquarters address or by email to firstname.lastname@example.org. Upon receipt, the Company undertakes to organize a mediation as soon as possible.
The User can also contact the online dispute resolution service of the European Commission at the following address: https://ec.europa.eu/consumers/odr
In case of dispute, the User may seize the competent jurisdiction with territorial jurisdiction under the law. In the event of no mandatory jurisdiction by the law, only the courts of the jurisdiction of the Court of Appeal of Paris will be competent.